T.N. SHARADA, H.S. NAGENDRA, H.S. VIDYA SHANKARA AND H.S. SARASWATHI WIFE AND CHILDREN OF LATE SUBBARAYA Vs. ABDUL WAJID S/O SHEIK DAWOOD AND L.M. NOORJAN W/O ABDUL WAJID

JUDGEMENT

(1.) THIS second appeal is by the defendants in the trial court aggrieved by the lower appellate court reversing the judgment of the trial court. The trial court had dismissed the suit filed by the respondents -plaintiffs for declaration that 10 feet space towards the southern side of the plaintiffs' land is a road.

(2.) THE case of the plaintiffs before the trial court was that the suit schedule property bearing khatha No. 1603 -1748 and A.R. No. 7218 measuring 40' east -west and 45' north -south was purchased by them under registered sale deeds dated 23.1.1982 and 17.2.1986 and to the southern side of the plaintiffs' house, there is a house which belongs to one Laxminarayana and the site of the defendants. It was the plaintiffs' case that 10 feet road exists between the property of Laxminarayana and the plaintiffs and the defendants encroached upon the said 10 feet road to an extent of 9 feet and put up a fence and the defendants have no right to encroach the said road and, therefore, the prayer for a declaration was made and also permanent injunction restraining the defendants from putting up any further construction in the said portion was sought.

(3.) THE learned trial judge framed five issues as could be seen in paragraph -4 of his judgment and, after taking the evidence let in by the parties into account, negative issues -1 to 4 and the suit of the plaintiffs was dismissed. The plaintiffs appealed and were successful in getting the trial court's judgment reversed at the hands of the lower appellate court. Aggrieved by the said decision of the lower appellate court, the defendants are in appeal.